Sh. MUHAMMAD NASIR AHMAD PIRACHA vs S. M. ALMAS ALI, ADVOCATE — 1971 PLD 131

Citation: 1971 PLD 131

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-10

Parties: Sh. MUHAMMAD NASIR AHMAD PIRACHA vs S. M. ALMAS ALI, ADVOCATE

Headnotes

Case cited as PLD 1971 Lahore 131

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: Sh. MUHAMMAD NASIR AHMAD PIRACHA vs S. M. ALMAS ALI, ADVOCATE Case No.: Civil Miscellaneous No, 1471 of 1970 Date of Judgment:1970-04-10 Reported As: PLD 1971 Lahore 131 Result: Petition dismissed JUDGMENT JUDGMENT This is a petition under Article 102 of the late Constitution of 1962, against an order, dated 14-3-1970 passed by Malik Mushtaq Ahmad, Rent Controller, Lahore, whereby he disposed of an application of the (tenant)-petitioner under Order XXVI, rule 4 and section 151, C. P. C. In that appli-cation, the tenant-petitioner had applied for examining Mr. Zafar Altaf Addl. Deputy Commissioner, Pabna, East Pakistan, on Commission. The learned Rent Controller accepted the application and directed that a letter of request should be issued to the District Judge, Pabna, East Pakistan to himself examine the witness or get his examination recorded through some Commission. In the order, the learned Rent Controller further directed that the tenant-petitioner should deposit the travelling and lodging expenses of the counsel for the landlord. It is against this later portion of the judgment that the tenant has come up under Article 102 of the late Constitution submitting that the direction hereinbefore mentioned requiring the tenant-petitioner to pay the expenses of the counsel for the landlord is without lawful authority and should be quashed. 2. A preliminary question which has come up for discussion is as to…

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